Waller v. State
Supreme Court of Arkansas
APPEAL from Conway Circuit Court.. Hon. W. D. Jacoway, Circuit Judge. The indictment does not state the age of the party to whom the sale was made. The age was a material fact, an essential ingredient of the offense. It fails to set out how appellant was “interested in the sale.” It is vague and indefinite. Johnson v. State, 37 Ark,, 98, following State v. Keith. It charges no unlawful act, but accuses appellant of having ap unlawful interest. The.
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APPEAL from Conway Circuit Court.. Hon. W. D. Jacoway, Circuit Judge. The indictment does not state the age of the party to whom the sale was made. The age was a material fact, an essential ingredient of the offense. It fails to set out how appellant was “interested in the sale.” It is vague and indefinite. Johnson v. State, 37 Ark,, 98, following State v. Keith. It charges no unlawful act, but accuses appellant of having ap unlawful interest. The. Legislature, by the act of March 8th, 1879, did not mean to wipe out the principle, that there can be no crime without an evil mind. See 1 Bish.…
1Opinion of the Court
English, C. ,T.
The indictment in this case charged: “That S. R. Waller, on the twenty-sixth of September, 1881, in the county of Conway, unlawfully was interested in the sale of one pint of beer, malt and fermented liquor, to one W. P. Wells, a minor, without the written consent or order of the parent or guardian of the said minor.”
The defendant demurred to the indictment; the court overruled the demurrer; he was tried on plea of not guilty, convicted, fined $50, refused a new trial, took a bill of exceptions and appealed.
l. liquor: merit1 f°or selling minor. Allegation oí age.
I. The first…
2Cited by11 opinions
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- Eureka Vinegar Co. v. Gazette Printing Co.United States Circuit Court · 1888
- Cripe v. StateCourt of Appeals of Georgia · 1908
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